By Erica Laster                                                                                                                       Impunity Watch Reporter, North America

CALIFORNIA, United States – On April 18, 2011, the Kawaiisu Tribe of Tejon filed its amended complaint in the Eastern District of California.  The Kawaiisu Tribe seeks an affirmation that they hold aboriginal title to lands which the Defendant seeks to build resorts on.  While the Non-Intercourse Act affirms that the Federal Government will prosecute any defendants making claim to said reservations, the U.S. government has refused to act on the Tribe’s behalf.

The complaint re-asserts land based claims of aboriginal title to approximately 49,000 acres of land in Kern County, California being encroached upon by Defendants seeking to establish resorts on sacred burial grounds.

The Kawaiisu are a Great Basin Shoshone Paiute Tribe whose territory extended from Utah to the Pacific Ocean before encroachment by Europeans occurred. Chairman of the Kawaiisu Tribe, David Laughing Horse Robinson, acting as attorney on the Tribe’s behalf, asserts claims based on the Non-Intercourse Act of 1857 which prohibits encroachment on Indian reservations and territory.   

The second amended complaint asserts that various names have been used to refer to the Kawaiisu Tribe, including: Nochi, Cobaji, Cobajais, Covaji, Kahwissah, Kawaiasuh, Kawishm, Kowasah, Kubakhye, Newooah, Noches Colteches, Tahichapahanna and Tahichp.  Many of these names have been confirmed as having been linked to the tribe through maps, history reports and Congressional filings.   

This is confirmed in an early Spanish explorers account by the name of Father Garces.   Father Garces created disenos or “rude maps” in which he uses these names to describe meetings and accountings with members of the Kawaiisu Tribe.  Father Garces functioned as a Spanish missionary whose objected lied in helping to extend Spanish territory throughout and northward of California including Colorado, Arizona and parts of the Mojave Desert.

The amended complaint also details various historical and legislative documents as having confirmed the presence of the Kawaiisu Tribe.  These documents indicate which lands the Tribe maintains aboriginal title to and preclude outsiders from encroaching upon these lands and reservations.

On December 30, 1849, the United States signed the Treaty of 1849 with the Utah Indians which confirms that “all cases of aggression against said Utah shall be referred to the aforesaid government for adjustment and settlement.”  The Indian Non-Intercourse Act (NIA) was in effect at the time under 25 U.S.C. 177 proscribing that “no purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution.”

The complaint further alleges that a second Treaty, known as Treaty D, was forged between the members of the Kawaiisu Tribe and U.S. Commissioner George W. Barbour, ceding large portions of land in exchange for goods and other supplies.  It is argued that the Treaty was purposely left un-ratified by the U.S. Senate to allow for further exploration and for Europeans to continue participating in the gold rush, uninhibited by aboriginal land titles.

Pursuant to a Congressional Act of March 3, 1853, California Indian Superintendant Edward F. Beale established a reservation for the Tejon Indians at Tejon Pass on September 30, 1853.  

The Defendants are seeking to build a series of residential areas, resorts, spas, golf courses, and other recreational facilities on these sacred historical, archaeological and burial grounds of the Kawaiisu Tribe of Tejon. 

Approximately 49,000 acres of this land is currently at issue in this case and the above documents have been used as proof that the Kawaiisu Tribe of Tejon have held aboriginal title to certain lands since time immemorial and continue to do so legally.    Despite admitting that only a portion of the lands had been surveyed to determine ownership and after hearing from Attorney Robinson, the Native American Heritage Commission of California gave its approval for the Tejon Mountain Village project on October 13, 2009.  

David Laughing Horse Robinson then filed suit in the Eastern District of California.  The Indian Nonintercourse Act is a name given to a collection of six statutes passed by the United States Congress in 1790, 1793, 1796, 1799, 1802, and 1834.   The Act has been the source of litigation for title to various lands throughout the United States for almost 200 years.

For more information please visit:

Indybay – Kawaiisu Tribe To Continue In Federal Court – 9 February 2011

Angelfire – Kawaiisu Tribe Homepage (Constitution)

The Mountain Enterprise – Second Lawsuit Seeks Injunction – 13 November 2009

Indigenous Peoples Issues – Kawaiisu Letter Writing Campaign  – 26 February 2011

Oklahoma State University Library – Executive Orders Relating to Indian Reservations